Silver v. Doubles
2:22-cv-00578
D. UtahJun 20, 2025Background
- Frederick O. Silver sued major credit reporting agencies (Equifax, Experian, and Trans Union) in the U.S. District Court for the District of Utah.
- Silver's claims were challenged by defendants, who moved to dismiss based on timeliness and failure to state a claim.
- Silver filed motions for a temporary restraining order (TRO), a preliminary injunction, and to amend his complaint for a fourth time.
- A Magistrate Judge issued a Report and Recommendation advising dismissal with prejudice and denial of Silver's motions.
- Silver filed an objection to the report, but it was untimely.
- The District Court adopted the Report and Recommendation, dismissed the case with prejudice, and denied all of Silver’s pending motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statute of limitations | Claims should not be time-barred | Claims are time-barred | Claims time-barred |
| Failure to state a claim | Complaint alleges sufficient facts | Complaint fails to state a claim | Complaint insufficient |
| TRO/Preliminary Injunction | Entitled to immediate injunctive relief | No basis for relief | Relief denied |
| Leave to amend complaint | Should be allowed to file another amendment | Amendment futile and unduly delayed | Leave denied |
Key Cases Cited
- Lemmons v. Houston, 633 Fed.Appx. 664 (10th Cir. 2015) (affirmed district court's refusal to consider untimely pro se objections to magistrate reports)
